EQUINE ACTIVITY RELEASE AND HOLD HARMLESS AGREEMENT

THIS AGREEMENT is made this ____ day of ______________, 2016, by and between
82 HAYES ROAD, LLC, a New Hampshire limited liability company doing business as
CAPSTONE FARM (Manager), and ____________ _________________, an individual having
a mailing address of ______________________________________________________
(Participant) and, if Participant is a minor, Participant's parent or guardian,
_________________________________.
WHEREAS, Manager operates a horse boarding and riding business at premises situated at
82 Hayes Road in Madbury, New Hampshire (the Premises), which Premises is owned by
Andrew D. Beal, Trustee of the Andrew D. Beal Trust u/a dated January 24, 2001, as amended,
and Amy M. Beal, Trustee of the Amy M. Beal Trust u/a dated January 24, 2001, as amended
(collectively, the Trustees); and
WHEREAS, Participant desires to either ride a horse boarded at the Premises, clean stables
and/or do other chores related to the care of horses and upkeep of the farm, or otherwise participate
in equine activities, upon the following terms and conditions; and
WHEREAS, Manager agrees to allow Participant to either ride a horse or engage in chores
or other equine activities, as applicable, upon such terms and conditions.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Manager and Participant agree as follows:
1.
Inherent Risks and Assumption of Risk. The undersigned acknowledges that
there are inherent risks associated with equine activities and performing chores on the farm such
as those described below, and hereby expressly assumes all risks associated with participating in
such activities. The inherent risks include, but are not limited to, (i) the propensity of equines to
engage in certain actions such as running, bucking, biting, kicking, shying, stumbling, rearing,
falling or stepping, that may result in injury, harm or death to persons on or around the horse;
(ii) the unpredictability of equines reaction to such things as sounds, sudden movement and
unfamiliar objects, persons or other animals; (iii) certain hazards such as surface and subsurface
conditions; (iv) collisions with other animals; (v) the limited availability of emergency medical
care; and (vi) the potential of a participant to act in a negligent manner that may contribute to
injury to the participant or others, such as failing to maintain control over the horse or not acting
within such participants ability. Participant acknowledges and agrees that horses, by their very
nature, are unpredictable. Participant also acknowledges that the behavior of any animal is
contingent to some extent upon the ability of Participant. Participant agrees to abide by and
follow Managers rules and regulations (the Rules and Regulations) which shall be posted
and/or available from time to time. Participant also represents and warrants that a full and fair
disclosure of Participant's abilities regarding equine activities has been made to Manager.
2.
No Liability for Inherent Risks of Equine Activities under New Hampshire Law.
The Participant is aware of and understands the following warning:

WARNING
Under New Hampshire law: (i) an equine professional, or any other
person engaged in equine activity, shall not be liable for an injury or the
death of a participant resulting from the inherent risks of equine
activities; (ii) each participant in an equine activity expressly assumes the
risk of and legal responsibility for any injury, loss or damage to person or
property which results from participation in an equine activity; (iii) each
participant shall have the sole responsibility for knowing the range of his
or her ability to manage, care for, and control a particular equine or
perform a particular equine activity, and (iv) it shall be the duty of each
participant to act within the limits of the participant's own ability, to
maintain reasonable control of the particular equine at all times while
participating in an equine activity, to heed all posted warnings, and to
refrain from acting in a manner which may cause or contribute to the
injury of any person.
3.
Release and Hold Harmless. Participant assumes all risks associated with or
arising in connection with being on the Premises, performing chores on the farm and/or
participating in equine activities, and expressly waives any Claims (as hereinafter defined) and
releases and agrees to hold harmless Manager, the Trustees (individually and in their capacity as
trustees), their Trusts as listed in the second paragraph of this Agreement, and, as applicable, the
respective owners, agents, representatives, employees, beneficiaries, successors and assigns of
each (collectively, the Indemnitees), from and against all costs, including, without limitation,
attorneys fees, expenses, claims, suits, proceedings, actions, causes of action, responsibilities,
liabilities, demands, judgments, orders and executions, both in law and in equity, and all injury
(including death) to any person, and all loss of, or damage to, any property in or about the
Premises or occasioned anywhere (the Claims) which arise (directly or indirectly) from, out of,
or in connection with or which result from (directly or indirectly): (i) Participants presence
upon or use of the Premises; (ii) Participants participation in any equine activities; (iii) any
action or inaction of Participant; (iv) Participants failure to observe or comply with the Rules
and Regulations; and (iv) any actions or any condition of any horse situated on the Premises.
WITNESSETH:

MANAGER: 82 HAYES ROAD, LLC

____________________________________

____________________________________
By: _________________________________
Its: _________________________
PARTICIPANT:
____________________________________
______________________________,
Participant

____________________________________

____________________________________

____________________________________
____________________________________
Parent/Guardian (if Participant is
a Minor)